United States Ninth Circuit

In a case regarding an easement over Route 7 in Glacier National Park, grant of summary judgment for defendant is affirmed where: 1) one cannot state a claim for easement by necessity if there remains alternative access to the property, no matter how inconvenient; 2) plaintiff still had non-motorized access to his property in winter; 3) the doctrine of easement implied by prior use does not apply when title descends from public grant; and 4) the National Park Service's denial of requested use permit was neither arbitrary nor capricious and was in accordance with governing law.

Appellate Information

• Argued 05/07/2008
• Decided 10/02/2008
• Published 10/02/2008

Judges

• RAWLINSON, Circuit Judge:, Before:  ARTHUR L. ALARCÓN, SUSAN P. GRABER, and JOHNNIE B. RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Ronald W. Opsahl (briefed and argued), William P. Pendley (briefed), Mountain States Legal Foundation, Lakewood, CO, for the plaintiff-appellant.


• For Appellees:
  
• William B. Lazarus (briefed), Elizabeth A. Peterson (briefed and argued), United States Department of Justice, Washington, D.C., for the defendants-appellees., William J. Friedman (briefed), Charles H.P. Vance (briefed and argued), Covington & Burling LLP, Washington, D.C.;  Jack R. Tuholske (briefed), Missoula, MT, for the defendant-intervenor-appellee.